Politicians often agree to the publication of a “home story”, i.e. a journalistic report about their private and family life, not only during election campaigns, in order to appear more human and approachable and to emphasize their values and political concerns. In terms of media law, the question arises as to whether politicians have waived the protection of their highly personal sphere of life for the future by agreeing to such “home stories”. The Vienna Higher Regional Court (OLG) recently had to deal with such a case constellation.
A medium had reported on several channels about serious marital misconduct and even an alleged “double life” of an ex-minister who had often had “home stories” published in the past. The Vienna Higher Regional Court stated that the person concerned could be assumed to have consented to the publication if “he had previously agreed to such reports about his private sphere or had advertised himself using circumstances from his private sphere”. However, the Vienna Higher Regional Court also pointed out that the voluntary disclosure of part of the private or intimate life does not allow the conclusion to be drawn that the person concerned would release their entire highly personal sphere of life for media dissemination.
In the case in question, the applicant did make “home stories” about his marriage and family life in the past in the context of his work as a politician, but this was related to the specific occasion.
AutHor
